Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Division may suspend or terminate the
license of an operator, after affording the operator an opportunity to appeal
the decision as set forth in Section .0400.
(b) Licenses to licensees and operators shall
be terminated if the licensee or operator:
(1)
no longer meets the definition of legally blind pursuant to Rule .0101 of this
Subchapter;
(2) withdraws from the
program and sends written notification to the Division;
(3) is convicted of a misdemeanor involving
crimes of dishonesty or any felony;
(4) provides false information to the
Division pertaining to eligibility requirements set forth pursuant to Rule
.0202 of this Subchapter;
(5)
unlawfully possesses firearms or lethal weapons on the job;
(6) uses Business Enterprises equipment
purchased with program funds or a Business Enterprises facility to operate
another business; or
(7) if an
operator's license is suspended 3 times within a consecutive 24-month period in
accordance with Paragraph (c) of this Rule, regardless of the reason for
suspension.
(c) Licenses
to operators shall be suspended if the operator:
(1) fails to operate the Business Enterprises
facility in accordance with the operator agreement for three or more
consecutive months;
(2) commits
willful acts in the Business Enterprises facility or on the grounds of the
facility to create a threat to the health and safety of facility staff,
customers or the general public;
(3) reports to a Business Enterprises
facility under the influence of alcohol or any controlled substance or partakes
of such on the job. This shall not include unanticipated effects from the
ingestion of prescription medications taken in accordance with the directions
of a doctor;
(4) fails to
personally operate the awarded facility, as set forth in the operator
agreement, unless prior written approval to operate the facility in another
manner has been obtained from the Division. This requirement shall not mandate
the physical presence of the operator at the facility at all times of its
operation;
(5) fails three times
during the calendar year to pay set-aside and liability fees and health
insurance premiums and phone bills, if applicable, to the Controller's Office
by the 15th day of the month following the month in
which the business was transacted;
(6) fails to preserve financial and other
records pertaining to the operation of the Business Enterprises facility as
required by Rule .0601(a)(8) of this Subchapter;
(7) fails to respond to requests made by an
auditing authority conducting audits pursuant to State or federal law, as
required by this Subchapter;
(8)
fails to maintain liability and workers compensation insurance coverage as
required by law and by Rule .0607 of this Subchapter;
(9) removes Business Enterprises equipment
purchased with program funds from the facility without written authorization
from the Division;
(10) fails to
comply with federal or State law prohibiting discrimination in hiring and
service to customers;
(11) fails to
comply with federal or State tax laws for individuals who are self-employed if
this violation relates to the Business Enterprises facility. This suspension
shall only occur if there has been a final adjudication of the violation by
State and federal authorities; or
(12) fails to comply with the operator's
responsibilities as required by Rule .0601 of this Subchapter.
(d) Prior to the suspension of an
operator's license, the Division shall provide the operator with a written
corrective action plan. The Division and the operator shall both sign the
corrective action plan. The corrective action plan shall include:
(1) the specific provision in Paragraph (c)
of this Rule that the operator has violated, the specific provision contained
in the operator's agreement that has been violated, or the specific provision
otherwise contained in this Subchapter that has not been complied
with;
(2) the specific corrective
actions that the operator must take to cure the violation identified in
Subparagraph (d)(1) of this Rule, including participation in training or
receipt of technical assistance provided by the Division, if necessary:
and
(3) the time frame in which the
operator must cure the violation, which shall not exceed 90 days. The time
frame in which to cure the violation may be extended if actions are being taken
to resolve the violations pursuant to a written agreement between the operator
and Division.
(e) If an
operator fails to complete the corrective action plan to cure the violation
within the time set forth in the corrective action plan, or otherwise refuses
to sign a corrective action plan, the Division shall suspend the license of the
operator. The length of a suspension shall not exceed 60 days.
(f) During the time period in which an
operator's license is suspended, the Division shall identify another operator
to assume responsibility for the locations of the suspended operator.
Authority
G.S.
111-27;
111-27.1;
34 C.F.R.
395.3;
34 C.F.R. 395.7; 20 U.S.C. Sec.
107;
Eff. October 1, 1978;
Amended Eff. August 1, 2002;
February 1, 1986;
Readopted Eff. August 1,
2020.
